The Research On The Liability Of Education Istitutions For Minor Students Injury Accidents

In resent years, with our nation's concentration on education, education institutions, which serve as the source of talents, have become more and more important. Besides bringing the responsibility of cultivating talents, protecting minors is another essential task for the institutions. With the increasing number of education institutions and the rising sense of civil rights, the cases of student injury in the institutions increases every year. Considering the special identity of minors and education institutions, the cases draw the society's, schools'and parents'attention, and have become the hot issues in the practice of judicature. These cases bring not only the afflictions and hardships for the students and parents, but also perplexity and embarrassment for teachers, education institutions and administrative department of education.As soon as the cases happen, people always think that the teachers and the institutions should be blamed. This results in much pressure for teachers and institutions and at the same time, it makes a negative effect on the education for minor and arises a strong response. This thesis mainly contains four parts. From the angle of civil tort, combining with the analysis of the low of liability tort, the thesis expounds the following main contents:1. The first part of this thesis defines the concept and characterization of tort of education institutions and upon this point, classifies minor torts. I think that the reason that the cases are hard dealt with and cause conflicts between the parents and the institutions is due to the ambiguous recognition of the relationship between the students and the institutions, resulting in the misunderstanding of the responsibility of the institutions. Upon this point, we have a comprehensive discussion about the property of the education institutions'responsibility.2. The second part clears and reasons the guidelines for liability issues of the tort of education institutions. We think that the issue of liability belongs to the principles with fault, but in some circumstance, it should depend on the principle of fault infer. So we should discuss this issue in different views.3. The third part of this paper mainly expounds the issue of accreditation standard of education institutions in campus tort liability. We use "objective standards" as the standards for considerations of whether the behaviors are appropriate, and whether the person has fault, and use the duty of care of kindhearted administrator as the objective standards for education institutions'behavior. From actual conditions, whether education institutions fulfill the duty of care has been comprehensively considered.4. Supplementary liability is a tort liability to pay compensation when several responsible bodies bear joint liability for the same injury consequence. It is the abbreviation for supplementary liability or supplementary liability for compensation. Supplementary liability mainly occurs when a tort causes damage fact and so produces two collocated compensation claims, laws regulate that right holders must exercise compensation claims in accordance with the order. Supplementary liability is applicable in the liability issue that the minor students in school suffer the third person's violation, suffered third infringement case is solved and the person with a duty of care does not fulfill the duty of care. About the "corresponding" in that the school takes "the corresponding supplementary responsibility", along with the pass of the tort liability law, has been widely discussed up. Researchers debate over the point that the standard should be measured based on the reason or should according to the fault.The goal of the research is the further definition of the responsibility of education institutions. In this way, we can nip problems in the bud, and rightly apply the tort liability law when we handle such cases, thus actively promoting properly dealing with the cases of minor student infringement in.